| Citation(s) |
|---|
| 2004 SLG 1078 2004 SLD 1078 2004 SCMR 1021 |
Supreme Court of Pakistan
Civil Petition No. 1760 of 2002, decision dated: 5-04-2004.(On appeal from the judgment, dated 16 2002 of the Lahore High Court, Lahore in Writ Petition No. 15814 of 2002)
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Civil Petition No. 1760 of 2002, decision dated: 5-04-2004.(On appeal from the judgment, dated 16 2002 of the Lahore High Court, Lahore in Writ Petition No. 15814 of 2002)
Deprecated: str_replace(): Passing null to parameter #3 ($subject) of type array|string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 395
Deprecated: preg_match(): Passing null to parameter #2 ($subject) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 411
Deprecated: htmlspecialchars(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 435
Law:
Section:
(a) Punjab Local Government Elections Ordinance (V of 2000)----- S. 14(e)Punjab Local Government Elections Rules, 2000, Rr.16(3), 80 & 81Constitution of Pakistan (1973), Art. 185(3) Joint candidacy for election of Nazim and Naib Nazim Matric certificate of respondent (returned candidate) was found bogus, over which Election Tribunal declared election of both returned candidates to be void and declared petitioner as elected High Court in Constitutional petition upheld order of Tribunal to the extent of respondent, but set aside same in respect of other returned candidate Validity Matric certificate of respondent was bogus as per evidence recorded by Election Tribunal Respondent had never appeared in Secondary School Certificate Examination and so called certificate had been quashed on charge of impersonation proved against him Copy of F.I.R. about such charge had been produced in evidence Certificate regarding passing of Middle Class examination by respondent had also been found illegal Respondent was not qualified to contest election, thus, his election had rightly been declared illegal by Courts below Petitioners had failed to produce any cogent evidence as to notorious disqualification of respondent Petitioners were not confident about disqualification of respondent even at the time of filing of nomination papers Petitioners should not have been declared as elected by Tribunal Order of High Court was not sustainable in law Supreme Court accepted appeal, set aside impugned order with direction to Election Commission to hold fresh elections for both offices of Nazim and Naib Nazim. Mian Ahmad Saeed and others v. Election Tribunal for Kasur at Okara and others 2003 SCMR 1611 and Bashir Ahmed Bhanbhan v. Shaukat Ali Rajpur (Civil Appeals Nos. 1 and 5 of 2004) rel. (b) Punjab Local Government Elections Ordinance (V of 2000)---- S.154(1), proviso Election to casual vacancy of Nazim or Naib Nazim Candidate for such office would contest election in individual capacity. (c) Words and phrases--- "Casual" Meaning. (d) Punjab Local Government Elections Ordinance (V of 2000)--- Ss. 16(3)(iii) & 154 Joint candidacy of Nazim and Naib Nazim Casual vacancy and vacancy…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492